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Hours after Nashua’s James Morris was charged with senselessly assaulting police officers during a traffic stop, he made bail and was back on the streets.

“It’s certainly frustrating for the officers,” said Nashua Sgt. John Cinelli. 

James Morris

Morris, 32, is just one of the alleged violent offenders who have caused mayhem in recent days in incidents throughout the state, incidents abetted by New Hampshire’s reformed bail system. 

The 2018 bail reform was meant to eliminate the unintended consequence of the cash bail system that resulted in cases of poor people charged with relatively minor, nonviolent crimes but who were unable to afford bail.

People like Jeffrey Pendleton, a 26-year-old Nashua panhandler arrested in 2016 on a marijuana possession charge. Pendleton ended up in Valley Street Jail in Manchester when he couldn’t come up with the $100 cash bail. Five days later, he was found dead in his cell from a drug overdose.

But now, instead of protecting poor, nonviolent offenders, bail reform is letting people charged with violent felonies stay on the street.

Police stopped Morris’ car near School Street Friday night, and he refused to give the officers his identity before he decided to start fighting with them, according to Cinelli.

“We have no idea why he did that,” Cinelli said.

On Thursday, Concord homeless man Victor Manns, 23, allegedly stabbed two tourists on South Main Street and led officers on a prolonged manhunt. Manns’ was walking around despite being charged with assault in June and again in August in separate incidents.

Victor Manns

According to police, the couple were in their car parked in front of a business on South Main Street when Manns, wearing a mask and a hood, approached and began hitting the car. The alarmed couple got out of the car. Manns reportedly brandished his knife, threatened the pair, and then stabbed them, according to police.

Manns ran from the scene of the attack, kicking off a two-hour police search of the downtown area before he was captured.

On Friday, Claremont woman Brandie Jones, 33, allegedly hit a Nashua police officer with her car to avoid a felony arrest. At the time of the incident, Jones was wanted in Londonderry on warrants, including a breach of her previous bail in another case.

Brandie Jones

Nashua police had previously stopped Jones but gave a false name to officers as she had been convicted of being a habitual traffic offender by the state. If caught driving, habitual offenders face new felony charges.

After getting stopped for the second time on Friday night, Cinelli said Jones was getting out of her car as instructed by police when she changed her mind. With the door still open, she got back in the driver’s seat and sped off. The open car door hit one officer, Cinelli said.

Jones made it to Londonderry, where she ditched her car and ran. Londonderry Police eventually found her with the help of a police dog and took her into custody. 

Cinelli said that none of the Nashua officers suffered any serious injuries from the incidents involving Jones and Morris. The couple attacked by Manns both suffered lacerations, and one sustained minor injuries, which required a trip to the hospital. 

Cinelli said the 2018 bail reform law makes it easy for people charged with a crime to avoid jail, get back out, and re-offend. 

“When these guys are getting bail and getting out that quickly, what is going to stop (them) from doing it to more officers or civilians who don’t have the ability to defend themselves,” Cinelli said.

Jay Ruais, the Republican running to replace Manchester Mayor Joyce Craig, has been demanding changes to the state’s bail system as crime becomes a bigger problem in the Queen City. In recent weeks, two men charged in an Elm Street shooting got released on relatively low cash bail. In another incident, 10 people were arrested for being part of a street fight in the area of Auburn and Cedar Streets, where two men were stabbed. Most of those suspects were quickly released on bail.

“Violent, dangerous, and repeat offenders should never be on our streets,” Ruais said. “As mayor, I will make sure our police have the resources and tools they need to make our community more safe.”

Two Manchester police officers injured in a 2016 shooting are headed to the New Hampshire Supreme Court after a Superior Court Judge ruled against them in their lawsuit against a gun store and the state. 

The Supreme Court has agreed to hear the appeal from Manchester officers Ryan Hardy and Matthew O’Connor. They were shot by Ian Macpherson in May 2016. The officers are suing Chester Arms, where Macpherson bought the .40 caliber Smith and Wesson used in the shooting, and the New Hampshire Department of Safety, which provided the store the background check for the purchase.

Rockingham Superior Court Judge David Ruoff ruled in February that O’Conner and Hardy could not have prevailed if the case had gone to trial, because both the store and the Department of Safety followed current law. He dismissed the case on summary judgment.

The shooting happened when the officers tried to question Macpherson about a gas station armed robbery. Hardy was shot in the face and torso; O’Connor was treated for a gunshot wound to the leg, according to the Associated Press. Both officers have since returned to active duty.

The officers brought the lawsuit against the store and the New Hampshire Department of Safety, claiming the mentally ill MacPherson, who has a history of domestic violence, should never have been sold the gun in the first place.

MacPherson ended up pleading not guilty by reason of insanity in 2018 and was ordered to serve five years at the New Hampshire State Psychiatric Hospital.

MacPherson was initially unable to purchase the gun when he went to Chester Arms in March 2016. The store employee contacted the state’s Gun Line, run by the Department of Safety, for a background check on MacPherson. The Gun Line told the store that MacPherson’s status was “delayed” for further investigation, according to Ruoff’s order.

The Gun Line investigation found MacPherson has a history of domestic violence charges out of Merrimack, as well as court-ordered mental health evaluations. A relative told Merrimack police that MacPherson suffered from serious mental illness, and this was conveyed to the Gun Line.

While this information was given to the Department of Safety and the Gun Line, the state never told Chester Arms not to sell MacPherson the gun, according to court records.

The Gun Line investigation found MacPherson’s relationships to the victims in the domestic violence cases did meet the legal definition of a violation that would prevent him from owning a firearm. The Gun Line employees were also unable to verify his mental health condition, according to the order.

The store followed the law by waiting three business days to hear back from the Gun Line, according to Ruoff’s order. After not being contacted by the state, the store allowed MacPherson to buy the gun, according to Ruoff’s order. MacPherson’s Gun Line status continued to stay “delayed” for the weeks he owned the gun and did not change until after he shot the officers.

“The Gun Line continued the delay status on Mr. MacPherson’s transaction until the day he was indicted for the shooting, at which point the Gun Line changed the status to denied,” Ruoff wrote.